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A rights defender, who was, was arrested near her home in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or if she obtained any care after birth.

A Global Issue

Situations like these are alarmingly common in prisons globally. Women carrying children are often kept in deplorable conditions and denied necessary care. Some miscarry, others deliver and have their babies unassisted in a cell. Sadly, infants perish in custody.

"Countries think it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is expecting," she adds. "There’s so much evidence that demonstrates how detrimental it is. Most facilities were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

Yet, these guidelines are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates describe assaults, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are really what we should be focusing on."